Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 7935 contracts
Samples: Pre Funded Common Stock Purchase Warrant (Roadzen Inc.), Security Agreement (AppTech Payments Corp.), Shareholder Agreement (AppTech Payments Corp.)
Calculations. All calculations under this Section 3 2 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 32, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 197 contracts
Samples: Security Agreement (Incannex Healthcare Inc.), Security Agreement (Incannex Healthcare Inc.), Security Agreement (Safe & Green Development Corp)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a shareshare of Common Stock, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 162 contracts
Samples: Common Stock Purchase Warrant (Scorpius Holdings, Inc.), Security Agreement (ZyVersa Therapeutics, Inc.), Security Agreement (180 Life Sciences Corp.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. The number of shares of Common Stock outstanding at any given time shall not includes shares of Common Stock owned or held by or for the account of the Company, and the description of any such shares of Common Stock shall be considered on issue or sale of Common Stock. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 92 contracts
Samples: Securities Purchase Agreement (Hartville Group Inc), Security Agreement (Callisto Pharmaceuticals Inc), Securities Purchase Agreement (Hartville Group Inc)
Calculations. All calculations under this Section 3 shall be made by the Company to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 53 contracts
Samples: Common Stock Purchase Warrant (Nuwellis, Inc.), Placement Agent’s Warrant (Techprecision Corp), Warrant Agreement (Techprecision Corp)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 37 contracts
Samples: Warrant Agency Agreement (Opti-Harvest, Inc.), Common Stock Purchase Warrant (Elate Group, Inc.), Warrant Agency Agreement (SeqLL, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. The number of shares of Common Stock outstanding at any given time shall not include shares of Common Stock owned or held by or for the account of the Company, and the description of any such shares of Common Stock shall be considered on issue or sale of Common Stock. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 31 contracts
Samples: Security Agreement (Inpellis, Inc.), Common Stock Purchase Warrant (Inpellis, Inc.), Security Agreement (Chembio Diagnostics, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a whole share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 30 contracts
Samples: Common Stock Purchase Warrant (Nano Nuclear Energy Inc.), Placement Agent Common Stock Purchase Warrant (Lomond Therapeutics Holdings, Inc.), Subscription Agreement (Shuttle Pharmaceuticals Holdings, Inc.)
Calculations. All calculations under this Section 3 2.00 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 32.00, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 26 contracts
Samples: Security Agreement (HealthLynked Corp), Security Agreement (HealthLynked Corp), Common Stock Purchase Warrant (Helix TCS, Inc.)
Calculations. All calculations under this Section 3 2 shall be made to the nearest cent or the nearest 1/100th of a whole share, as the case may be. For purposes of this Section 32, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 26 contracts
Samples: Warrant Agreement (Serve Robotics Inc. /DE/), Warrant Agreement (Augmedix, Inc.), Warrant Agreement (Augmedix, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding. Notwithstanding the foregoing, in no event may the Exercise Price be adjusted below the par value of the Common Stock then in effect.
Appears in 24 contracts
Samples: Warrant Agreement (In8bio, Inc.), Common Stock Purchase Warrant (Seelos Therapeutics, Inc.), Warrant Agreement (Evoke Pharma Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 22 contracts
Samples: Security Agreement (Zhibao Technology Inc.), Security Agreement (Zhibao Technology Inc.), Security Agreement (Zhibao Technology Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares, if anyshares of the Company) issued and outstanding.
Appears in 22 contracts
Samples: Share Exchange Agreement (Giga Tronics Inc), Security Agreement (Giga Tronics Inc), Security Agreement (Pressure Biosciences Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest 1/100th of a cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 21 contracts
Samples: Demand Promissory Note and Warrant Purchase Agreement (RespireRx Pharmaceuticals Inc.), Warrant Agreement (RespireRx Pharmaceuticals Inc.), Warrant Agreement (RespireRx Pharmaceuticals Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent two decimal places or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 19 contracts
Samples: Warrant Agreement (Kingold Jewelry, Inc.), Common Stock Purchase Warrant (Bioxytran, Inc), Common Stock Purchase Warrant (Bioxytran, Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 17 contracts
Samples: Securities Purchase Agreement (Hartville Group Inc), Securities Agreement (American Access Technologies Inc), Security Agreement (Power 3 Medical Products Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstandingoutstanding at the close of the Trading Day on or, if not applicable, most recently preceding, such given date.
Appears in 15 contracts
Samples: Common Stock Purchase Warrant (Genta Inc De/), Common Stock Purchase Warrant (Genta Inc De/), Security Agreement (Genta Inc De/)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Class A Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Class A Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 15 contracts
Samples: Warrant Agreement (Twin Hospitality Group Inc.), Warrant Agreement (T1V, Inc.), Class a Common Stock Purchase Warrant (Kingstown Capital Management L.P.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent four decimal places or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 14 contracts
Samples: Fourth Extension and Amendment Agreement, Common Stock Purchase Warrant (Envision Solar International, Inc.), Common Stock Purchase Warrant (Biolabmart Inc.)
Calculations. All calculations under this Section 3 shall be made by the Company to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding treasury shares, if any) issued and outstanding.
Appears in 14 contracts
Samples: Common Share Purchase Warrant (1847 Holdings LLC), Warrant Agreement (1847 Holdings LLC), Common Share Purchase Warrant (PreTam Holdings Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock (or such other Company security as is then issuable upon exercise of this Warrant) deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (or such other Company security) (excluding treasury shares, if any) issued and outstandingoutstanding on such date.
Appears in 10 contracts
Samples: Common Stock Purchase Warrant (Applied Digital Corp.), Warrant Agreement (Applied Digital Corp.), Common Stock Purchase Warrant (Healios K.K.)
Calculations. All calculations under this Section 3 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 33, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 10 contracts
Samples: Pipe Common Warrant (Greenlane Holdings, Inc.), Pipe Common Warrant (Greenlane Holdings, Inc.), Common Warrant Agreement (Safety Shot, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest one-hundredth of one cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 9 contracts
Samples: Common Stock Purchase Warrant (Precision Biosciences Inc), Securities Agreement (Unity Biotechnology, Inc.), Warrant Exchange Agreement (Applied Therapeutics Inc.)
Calculations. All calculations under this Section 3 2 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 32, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 9 contracts
Samples: Note and Warrant Exchange Agreement (Kingstone Companies, Inc.), Warrant Agreement (Great Ajax Corp.), Warrant Agreement (Great Ajax Corp.)
Calculations. All calculations under this Section 3 shall must be made to the nearest cent or the nearest 1/100th of a share, as the case may be. The number of shares of Common Stock outstanding at any given time does not include shares of Common Stock owned or held by or for the account of the Company. For the purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be is the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Red Lake Exploration Inc.), Securities Purchase Agreement (Bullion River Gold Corp), Common Stock Purchase Warrant (Bullion River Gold Corp)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock Stocks deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Stocks (excluding treasury shares, if any) issued and outstanding.
Appears in 8 contracts
Samples: Security Agreement (Blue Chip Capital Group Inc.), Security Agreement (Blue Chip Capital Group Inc.), Securities Agreement (Blue Chip Capital Group Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Preferred Stock or Common Stock Stock, as the case may be, deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Preferred Stock or Common Stock (excluding treasury shares, if any) ), as the case may be, issued and outstanding.
Appears in 7 contracts
Samples: Series 1/2 Preferred Stock Purchase Warrant (Innovation Pharmaceuticals Inc.), Series a Convertible Preferred Stock Purchase Warrant (Akers Biosciences, Inc.), Warrant Agreement (Innovation Pharmaceuticals Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding. Notice to Holder.
Appears in 7 contracts
Samples: Common Stock Purchase Warrant (Seelos Therapeutics, Inc.), Securities Agreement (S&W Seed Co), Security Agreement (S&W Seed Co)
Calculations. All calculations under this Section 3 Article III shall be made to the nearest cent four decimal places or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3Article III, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares, if anyshares of Borrower) issued and outstanding.
Appears in 7 contracts
Samples: Convertible Security Agreement (Tauriga Sciences, Inc.), Convertible Debenture (Tauriga Sciences, Inc.), Convertible Debenture (Tauriga Sciences, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a shareCommon Share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) Shares issued and outstanding.
Appears in 7 contracts
Samples: Securities Agreement (IIOT-OXYS, Inc.), Security Agreement (IIOT-OXYS, Inc.), Security Agreement (IIOT-OXYS, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 7 contracts
Samples: Subscription Agreement (Optimus Healthcare Services, Inc.), Security Agreement (Optimus Healthcare Services, Inc.), Security Agreement (Optimus Healthcare Services, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a shareshare of Common Stock, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 7 contracts
Samples: Warrant to Purchase Common Stock (Summit Wireless Technologies, Inc.), Securities Agreement (Summit Wireless Technologies, Inc.), Securities Agreement (Summit Semiconductor Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 7 contracts
Samples: Warrant Agreement (Presidio Property Trust, Inc.), Security Agreement (Sg Blocks, Inc.), Security Agreement (Presidio Property Trust, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding..
Appears in 6 contracts
Samples: Underwriting Agreement (Medirom Healthcare Technologies Inc.), Underwriting Agreement (Medirom Healthcare Technologies Inc.), Common Stock Purchase Warrant (Brainstorm Cell Therapeutics Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the The number of shares of Common Stock deemed to be issued outstanding at any given time shall not include shares owned or held by or for the account of the Company, and outstanding as the disposition of a given date any such shares shall be the sum of the number of shares considered an issue or sale of Common Stock (excluding treasury shares, if any) issued and outstandingStock.
Appears in 5 contracts
Samples: Management Consulting Agreement, Warrant Agreement (Dynacast Inc.), Management Consulting Agreement (Dynacast Inc.)
Calculations. All calculations under this Section 3 Article III shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3Article III, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 5 contracts
Samples: Warrant Agreement (Applied Minerals, Inc.), Warrant Agreement (Applied Minerals, Inc.), Warrant Agreement (Applied Minerals, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or rounded up to the nearest 1/100th of a whole share, as the case may beapplicable. For purposes of this Section 3, the The number of shares of Common Stock deemed to be issued outstanding at any given time shall not include shares owned or held by or for the account of the Company, and outstanding as the disposition of a given date any such shares shall be the sum of the number of shares considered an issue or sale of Common Stock (excluding treasury shares, if any) issued and outstandingStock.
Appears in 5 contracts
Samples: Warrant Agreement (Mechanical Technology Inc), Warrant Agent Agreement (Mechanical Technology Inc), Warrant Agreement (uWink, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th 1/1 OOth of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 5 contracts
Samples: Convertible Security Agreement (Sigyn Therapeutics, Inc.), Common Stock Purchase Warrant (Sigyn Therapeutics, Inc.), Convertible Security Agreement (Sigyn Therapeutics, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 5 contracts
Samples: Standby Equity Purchase Agreement (Aeva Technologies, Inc.), Common Stock Purchase Warrant (Mri Interventions, Inc.), Common Stock Purchase Warrant (Cell Therapeutics Inc)
Calculations. All calculations under this Section 3 1(b) shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 31(b), the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 4 contracts
Samples: Securities Purchase Agreement (LabStyle Innovations Corp.), Securities Purchase Agreement (Digital Domain Media Group, Inc.), Securities Purchase Agreement (KIT Digital, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding. Notwithstanding the foregoing, in no event may the Exercise Price be adjusted below the par-value of the Common Stock then in effect.
Appears in 4 contracts
Samples: Security Agreement (Mobix Labs, Inc), Security Agreement (Mobix Labs, Inc), Securities Agreement (Mobix Labs, Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 4 contracts
Samples: Warrant Agreement (Bright Green Corp), Warrant Agreement (SAB Biotherapeutics, Inc.), Warrant Agreement (SAB Biotherapeutics, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a shareCommon Share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding treasury shares, if any) issued and outstanding.
Appears in 4 contracts
Samples: Security Agreement (Digihost Technology Inc.), Security Agreement (Vicinity Motor Corp), Security Agreement (Vicinity Motor Corp)
Calculations. All calculations under this Section 3 shall be made by the Company to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Class A Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Class A Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Warrant Agreement (Inspire Veterinary Partners, Inc.), Class a Common Stock Purchase Warrant (Inspire Veterinary Partners, Inc.), Warrant Agreement (Inspire Veterinary Partners, Inc.)
Calculations. All calculations under this Section 3 shall will be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall will be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Warrant Agreement (Guided Therapeutics Inc), Securities Agreement (Vubotics Inc), Security Agreement (Vubotics Inc)
Calculations. All calculations under this Section 3 3B shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 33B, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares, if anyshares of the Company) issued and outstanding.
Appears in 3 contracts
Samples: Promissory Note (Bridgeline Digital, Inc.), Promissory Notes (Bridgeline Digital, Inc.), Promissory Note Amendment (Bridgeline Digital, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding exclude treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (HSW International, Inc.), Warrant Agreement (Cytrx Corp), Securities Agreement (Spacedev Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (MamaMancini's Holdings, Inc.), Pre Funded Common Stock Agreement (BiomX Inc.), Pre Funded Common Stock Agreement (BiomX Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th one one-hundredth (1/100th) of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Underwriting Agreement (Rexahn Pharmaceuticals, Inc.), Common Stock Purchase Warrant (Rexahn Pharmaceuticals, Inc.), Common Stock Purchase Warrant (Rexahn Pharmaceuticals, Inc.)
Calculations. All calculations under this Section section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Warrant Agreement (Vocodia Holdings Corp), Warrant Agreement (Vocodia Holdings Corp), Warrant Agreement (Paid Inc)
Calculations. All calculations under this Section 3 2 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 32, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstandingoutstanding at the close of the Trading Day on or, if not applicable, most recently preceding, such given date.
Appears in 3 contracts
Samples: Common Stock Purchase Warrant (Genta Inc De/), Common Stock Purchase Warrant (Genta Inc De/), Common Stock Purchase Warrant (Genta Inc De/)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a whole share, as the case may be. For purposes of this Section 3, any calculation of the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding not include treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Pre Funded Common Stock Purchase Warrant (CervoMed Inc.), Pre Funded Common Stock Purchase Warrant (Diffusion Pharmaceuticals Inc.), Pre Funded Common Stock Purchase Warrant (Tempest Therapeutics, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares, if anyshares of JanOne) issued and outstanding.
Appears in 3 contracts
Samples: Convertible Security Agreement (JanOne Inc.), Convertible Security Agreement (JanOne Inc.), Convertible Security Agreement (LIVE VENTURES Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a whole share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Warrant Agreement (Cemtrex Inc), Warrant Agreement (Chanticleer Holdings, Inc.), Common Stock Purchase Warrant (Chanticleer Holdings, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.. g) Notice to Holder. i.
Appears in 3 contracts
Samples: Security Agreement (Emerald Medical Applications Corp.), Security Agreement (Emerald Medical Applications Corp.), Security Agreement (Capnia, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a nearest share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Impact Note Purchase Agreement, Common Stock Purchase Agreement, Impact Note Purchase Agreement
Calculations. All calculations under this Section 3 2 shall be made to the nearest cent or the nearest 1/100th of a shareshare of Common Stock, as the case may be. For purposes of this Section 32, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Security Agreement (iBio, Inc.), Settlement Agreement (iBio, Inc.), Security Agreement (iBio, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest hundredth of a cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Pre Funded Common Stock Purchase Warrant (enVVeno Medical Corp), Pre Funded Common Stock Purchase Warrant (enVVeno Medical Corp), Pre Funded Common Stock Purchase Warrant (Hancock Jaffe Laboratories, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th 11100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 3 contracts
Samples: Common Warrant (Tharimmune, Inc.), Security Agreement (HeartCore Enterprises, Inc.), Security Agreement (DPW Holdings, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any*) issued and outstanding.
Appears in 3 contracts
Samples: Security Agreement (Uppercut Brands, Inc.), Security Agreement (Creative Medical Technology Holdings, Inc.), Security Agreement (Creative Medical Technology Holdings, Inc.)
Calculations. All calculations under this Section 3 shall be made by rounding to the nearest cent or the nearest 1/100th of a share, as the case may beapplicable. For purposes of this Section 3, the The number of shares of Common Stock deemed to be issued outstanding at any given time shall not include shares owned or held by or for the account of the Company, and outstanding as the disposition of a given date any such shares shall be the sum of the number of shares considered an issuance or sale of Common Stock (excluding treasury shares, if any) issued and outstandingStock.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Inventergy Global, Inc.), Common Stock Purchase Warrant (Inventergy Global, Inc.)
Calculations. All calculations under this Section 3 Article 1 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3Article 1, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares, if anyshares of the Company) issued and outstanding.
Appears in 2 contracts
Samples: Interest Contribution Agreement (First Capital Real Estate Trust Inc), Interest Contribution Agreement (Photomedex Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) then issued and outstanding.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Verb Technology Company, Inc.), Common Stock Purchase Warrant (Verb Technology Company, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 34, the nearest number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Certificate of Designations, Preferences and Rights of the Series F Convertible Preferred Stock (Eastside Distilling, Inc.), Certificate of Designations, Preferences and Rights of the Series F 1 Convertible Preferred Stock (Eastside Distilling, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding. Notice to Holders.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Viking Systems Inc), Common Stock Purchase Warrant (Mechanical Technology Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3Section, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding any treasury shares, if anyshares of the Company) issued and outstanding.
Appears in 2 contracts
Samples: Impact Note Purchase Agreement, Impact Note Purchase Agreement
Calculations. All calculations under this Section 3 2 shall be made to the nearest cent or the nearest 1/100th 1 / 100th of a share, as the case may be. For purposes of this Section 32, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Rockwell Medical, Inc.), Warrant Agreement (Rockwell Medical, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock CommonStock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Class a Common Stock Purchase Warrant (Clarus Therapeutics Holdings, Inc.), Class a Common Stock Purchase Warrant (Clarus Therapeutics Holdings, Inc.)
Calculations. All calculations under this Section 3 3(g) shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 33(g), the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Curative Biotechnology Inc), Common Stock Purchase Warrant (Curative Biotechnology Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding. Any calculation under this Section shall be made by the Company and shall be deemed presumptively correct absent manifest error.
Appears in 2 contracts
Samples: Common Stock Agreement (Marimed Inc.), Security Agreement (Marimed Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest whole cent or the nearest 1/100th of a share, as the case may beapplicable. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a at any given date time shall be not include shares owned or held by or for the sum account of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstandingCompany.
Appears in 2 contracts
Samples: Loan Agreement (Aura Systems Inc), Securities Purchase Agreement (Aura Systems Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th l/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Convertible Security Agreement (Sigyn Therapeutics, Inc.), Common Stock Purchase Warrant (SHARING SERVICES GLOBAL Corp)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a shareshare of Common Shares, as the case may be. For purposes of this Section 3, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Underwriting Agreement (Aduro Clean Technologies Inc.), Underwriting Agreement (Aduro Clean Technologies Inc.)
Calculations. All calculations under this ------------ Section 3 4 shall be made to the nearest cent or the nearest 1/100th of a share, --------- as the case may beapplicable. For purposes of this Section 3, the The number of shares of Common Stock deemed to be issued outstanding at any given time shall not include shares owned or held by or for the account of the Company, and outstanding as the disposition of a given date any such shares shall be the sum of the number of shares considered an issue or sale of Common Stock (excluding treasury shares, if any) issued and outstandingStock.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Merriman Curhan Ford Group, Inc.), Common Stock Purchase Warrant (Merriman Curhan Ford Group, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Flyexclusive Inc.), Common Stock Purchase Warrant (Flyexclusive Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (Stock, excluding treasury shares, if any) , issued and outstanding.
Appears in 2 contracts
Samples: Security Agreement (Armada Oil, Inc.), Warrant Agreement (Armada Oil, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be; provided that any individual adjustments below one cent or 1/100th of a share that arise from one or more related transactions shall be aggregated for purposes of determining the appropriate adjustment hereunder. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Plug Power Inc), Common Stock Purchase Warrant (Plug Power Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Pre Funded Common Stock Purchase Warrant (La Rosa Holdings Corp.), Pre Funded Common Stock Purchase Warrant (La Rosa Holdings Corp.)
Calculations. All calculations under this Section 3 shall be ------------ made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Securities Agreement (UC Hub Group Inc), Securities Agreement (UC Hub Group Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Common Stock Purchase Warrant (Scynexis Inc), Equity Underwriting Agreement (Scynexis Inc)
Calculations. All calculations under this Section 3 ARTICLE III shall be made to the nearest cent or the nearest 1/100th of a shareCommon Share, as the case may be. For purposes of this Section 3ARTICLE III, the number of shares of Common Stock Shares deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock Shares (excluding treasury sharesCommon Shares owned by or held by or for the account of the Company, if any) issued and outstanding.
Appears in 2 contracts
Samples: Convertible Note Agreement (Z Trim Holdings, Inc), Convertible Note Agreement (Z Trim Holdings, Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th 1/10,000th of a share, as the case may beapplicable. For purposes of this Section 3, the The number of shares of Common Stock deemed to be issued outstanding at any given time shall not include shares owned or held by or for the account of the Company, and outstanding as the disposition of a given date any such shares shall be the sum of the number of shares considered an issue or sale of Common Stock (excluding treasury shares, if any) issued and outstandingStock.
Appears in 2 contracts
Samples: Exchange Agreement (Elite Pharmaceuticals Inc /Nv/), Common Stock Purchase Warrant (Elite Pharmaceuticals Inc /Nv/)
Calculations. All calculations under this Section 3 2 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Security Agreement (Soluna Holdings, Inc), Security Agreement (BioMETRX)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 33 , the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Security Agreement (22nd Century Group, Inc.), Security Agreement (22nd Century Group, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Class B Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Class B Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Underwriting Agreement (RumbleON, Inc.), Underwriting Agreement (RumbleON, Inc.)
Calculations. All calculations under this Section 3 2 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, 2 the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 2 contracts
Samples: Warrant Agreement (SANUWAVE Health, Inc.), Warrant Agreement (SANUWAVE Health, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding..
Appears in 2 contracts
Samples: Securities Agreement (Timber Pharmaceuticals, Inc.), Purchase Warrant (Kiromic Biopharma, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, 3 the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 1 contract
Samples: Convertible Promissory Note (Ethos Environmental, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Voting Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Voting Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 1 contract
Calculations. All calculations under this Section 3 2 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 32, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.. LA_LAN01:362826.12
Appears in 1 contract
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be not include shares owned or held by or for the sum account of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstandingCompany.
Appears in 1 contract
Samples: Security Agreement (University General Health System, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, 11 the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 1 contract
Samples: Pre Funded Common Stock Purchase Warrant (Eleven Biotherapeutics, Inc.)
Calculations. All calculations under this Section 3 3 shall be made by rounding to the nearest cent or the nearest 1/100th of a share, as the case may beapplicable. For purposes of this Section 3, the The number of shares of Common Stock deemed to be issued outstanding at any given time shall not include shares owned or held by or for the account of the Company, and outstanding as the disposition of a given date any such shares shall be the sum of the number considered an issue or sale of shares of Common Stock (excluding treasury shares, if any) issued and outstandingStock.
Appears in 1 contract
Samples: Warrant Agreement (My Size, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest tenth of a cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 1 contract
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall date.shall be the sum of the number of of-shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 1 contract
Samples: Pledge Agreement (Transworld Benefits International Inc)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.Stock
Appears in 1 contract
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th l/l00th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 1 contract
Samples: Common Stock Purchase Warrant (Sigyn Therapeutics, Inc.)
Calculations. All calculations under this Section 3 shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.. 2097040 20382.00002
Appears in 1 contract
Calculations. All calculations under this Section 3 shall will be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock (or such other security as is then issuable upon exercise of this Warrant) deemed to be issued and outstanding as of a given date shall will be the sum of the number of shares of Common Stock (or such other security) (excluding treasury shares, if any) issued and outstandingoutstanding on such date.
Appears in 1 contract
Calculations. All calculations under this Section 3 3(b) and 3(c) shall be made to the nearest cent or the nearest 1/100th of a share, as the case may be. For purposes of this Section 3, the number of shares of Common Stock deemed to be issued and outstanding as of a given date shall be the sum of the number of shares of Common Stock (excluding treasury shares, if any) issued and outstanding.
Appears in 1 contract
